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Brielle DWI Lawyer

23
Jun
2011

by in DWI Defense

For such a small town, Brielle police make a lot of DWI arrests. Unfortunately, many people arrested for a Brielle DWI refuse to submit to breath testing. This will lead to yet another serious charge, Refusal, in violation of NJSA 39:4-50.2. If you have been charged with Brielle DUI or Brielle Refusal charge, call a Monmouth County DWI lawyer for a consultation.

Most Brielle DWI arrests are made on non-Brielle residents. This is because Brielle is situated right across the bridge from Point Pleasant. In the summer months, tourists and locals alike flock to Point Pleasant. If you are returning to the North, you have little choice but to pass through Brielle on your way home.

Both Routes 35 and Route 70 pass through Brielle. A routine traffic stop can easily escalate into a DWI arrest if the officer smells alcohol on your breath. If he or she does, they will likely detain you for sobriety testing. Very rarely does someone pass these tests. Even sober, they are basically designed to be failed.

Any who drives on New Jersey’s highways automatically consents to breath testing. The consequences for refusing to do so are severe. For a first offense of Refusal, you must forfeit your driver’s license for 7 months and must have a interlock device installed on your car for at least 6 months. There are also substantial fines and surcharges.

There are limited defenses to a New Jersey Refusal charge. The first step in defending against a Brielle Refusal charge is to retain a competent New Jersey DUI lawyer. Your attorney will obtain all discovery in your case and devise the best defense strategy.

One defense to a refusal charge is that there was no probable cause to arrest you. Another is the so-called confusion doctrine. But few cases are one on this issue. Equivocal refusals required that you be read a second paragraph on the implied consent warning, however that defense has recently been eliminated.

There is a lot of confusion about the interlock requirement. This is in part due to the legislatures shoddy drafting of the applicable statute. If ordered to install an interlock device, you must place the device in the vehicle that you principally operate. This creates problems for young adults who drive their parents cars and those who drive professionally for a living.

In addition, municipal court judges sometimes do not explain the requirement clearly. This may be in part due to some frustration over the statute and the notion that it is a “DMV problem.” One thing is clear, the DMV (now MVC) does little to make the situation any easier.

I have heard some bizarre stories about how the DMV is handling the interlock requirement. One that troubled me the most is where the DMV refused to reinstate a client’s license after suspension because the client had sold his car and did not drive. Since he had no car, he had nowhere to install the device. The DMV did not care. It took weeks to straighten the issue out.

Another common misconception is that the device only has to be installed after you get your license back. This is untrue. Even though you are not allowed to operate your vehicle until after your driving privileges are installed, you must install the device immediately.

If you have been charged with a DWI or Refusal in Brielle, we can help. Call now to speak with a DWI lawyer.

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